The National Council of Organized Workers (CONATO), a trade union body representing the country’s workers, expressed its indignation at the ruling of the 1st Court. Liquidator of criminal cases that condemns various union leaders.
The facts investigated occurred between January 1, 2007 and July 31, 2009, and the Comptroller’s auditors, in their final report, concluded that the funds of 5% of the Educational Insurance “were managed in accordance with the Laws, Regulations and Existing Regulations”. The absence of patrimonial injury to the detriment of public funds makes it impossible to consider a Crime of Embezzlement against the Public Administration. The Tenth Circuit Court dismissed the leaders in 2011 and 2019 and the Cabinet Council itself, in 2014, ordered the withdrawal of all legal complaints filed by the Ministry of Labor.
The conviction handed down after 10 years of the leaders being prosecuted, arose without considering that a ruling of Amparo de Garantías Constitucionales is pending against the actions of the Liquidating Judge, in which it is discussed whether the criminal action is prescribed or not. That single circumstance discouraged a decision until a principle of defense of the human right to be tried according to legal procedure was resolved.
The concerted reaction of clearly identifiable sectors pointing to the presence of worker representatives on the Board of Directors of the Social Security Fund confirms that the criminal ruling has an undeniable political bias, with the trade union movement in the task of closing ranks to prevent ” bury” the solidarity retirement system and transfer pensions to the voracity of national and international private groups.
CONATO advocates for transparency in the use of public funds, so the ruling we object to imposes a legal task that we will not neglect in the interest of preserving the honor and state of innocence of the union leaders until a final ruling provide otherwise.
We will not abandon, not one millimeter, the unalterable fight for the supreme objectives that today place us in ensuring Panamanian society a public, universal and solidary social security.
